Audit finds 34 DUI tests given on expired, faulty devices

September 22, 2021 GMT

BISMARCK, N.D. (AP) — North Dakota’s attorney general said Wednesday his office is not to blame for results of an audit that found nearly three dozen tests given to people allegedly driving under the influence were expired and therefore invalid.

The audit released Wednesday found that 34 of more than 8,900 tests analyzed over a two-year period ending June 30 were conducted using “breath alcohol testing devices” that were faulty or expired, some for about five months.

North Dakota Auditor Joshua Gallion said in a press release that if breath alcohol tests are performed using unapproved or expired gas standard canisters, the results are considered invalid and can be dismissed in court.

“It’s important to follow the DUI testing guidelines so each person tested is fairly evaluated against the same standard,” said Gallion, an elected Republican.

GOP Attorney General Wayne Stenehjem said his office does not perform the DUI tests but provides training and kits without charge to law enforcement. The training includes ensuring the devices have not expired.

“There is no excuse for any law enforcement agency to be using an expired gas cylinder,” Stenehjem said.

“If we make a mistake own up to it but we take no fault here,” he added. “We’ve done everything to avoid this problem.”